Why Trump Cannot Hide Behind Presidential Immunity for Inciting an Insurrection
LawfareAug 02, 2021
Trump's attorney, Jesse Binnall, told the US Court of Appeals for the District of Columbia Circuit on Wednesday that the former president is immune from lawsuits related to the Jan. 6 Capitol riots because he was the sitting president when he gave his remarks to supporters.
The court listened to the arguments for almost two hours, as Trump is currently facing three separate civil lawsuits stemming from Jan. 6. Binnall told the court that "it is very normal for a president to comment on any number of things."
Though there is some legal precedent to lend Trump immunity for his vitriolic rhetoric in the lead-up to the Jan. 6 Capitol riot, the former president is on shaky ground. There is plainly no constitutional or legislative authority for an incumbent president to encourage the violent disruption of a congressional proceeding — especially one constitutionally mandated for the democratic transfer of power. The court should make sure that Trump is not given immunity.
Regardless of what the former president said, Trump should be granted the same immunity his predecessors enjoyed. Indicting a former president would almost certainly lead to more division in an already polarized country — not to mention the fact that it would set a dangerous precedent regarding the degree to which politicians are responsible for the acts of their supporters.